WASHINGTON (AP) — Many Republicans who have been uneasy with President Donald Trump’s war in Iran emphasized that there would be a May 1 deadline for Congress to intervene. But the date is now set to pass with no action from GOP lawmakers who continue to defer to the White House.
Under the War Powers Resolution of 1973, Congress must declare war or authorize the use of force within 60 days — a deadline that falls on Friday — or within 90 days if the president asks for an extension. But Congress made no attempt at enforcing that requirement, leaving town for a week on Thursday after the Senate rejected a Democratic attempt to halt the war for a sixth time.
The Trump administration has shown no interest in seeking congressional approval at all. It is arguing that the deadlines set by the law don’t apply because the war in Iran effectively ended when a ceasefire began in early April.
Senate Majority Leader John Thune, R-S.D., said Thursday he doesn’t plan on a vote to authorize force in Iran or otherwise weigh in.
“I’m listening carefully to what the members of our conference are saying, and at this point I don’t see that,” Thune said.
The reluctance to defy Trump on the war comes at a politically perilous time for Republicans, with public frustration mounting both over the conflict and its impact on gas prices. Still, most GOP lawmakers say they are supportive of Trump’s wartime leadership, or are at least willing to give him more time amid the fragile ceasefire.
Republican Sen. Kevin Cramer of North Dakota says he’d vote for an authorization of war if Trump asked for it. But he questioned if the War Powers Resolution, passed during the Vietnam War era as a way for Congress to claw back its power, is even constitutional.
“Our founders created a really strong executive, like it or not like it,” Cramer said.
Still, some GOP senators made clear that they eventually want Congress to have a say. Alaska Sen. Lisa Murkowski said in a floor speech Thursday that she will introduce a limited authorized use of military force when the Senate returns from the one-week recess if the administration has not yet presented what she called a “credible plan.”
“I do not believe we should engage in open-ended military action without clear accountability,” Murkowski said. “Congress has a role.”
Some Republicans signal they want a vote
A handful of GOP senators have said for weeks that Congress should assert its authority over the war at some point. One of those senators, Maine’s Susan Collins, voted for the first time with Democrats on Thursday to halt the war. She said in a statement she wants to see a defined strategy for bringing the conflict to a close.
“The president’s authority as commander-in-chief is not without limits,” Collins said, adding that the 60-day deadline is “not a suggestion, it is a requirement.”
In addition to Collins and Murkowski, Republican Sens. John Curtis of Utah, Thom Tillis of North Carolina and Josh Hawley of Missouri, among others, have said in recent weeks that they would eventually like to see a vote.
Curtis said he would not support continued funding for the war until Congress votes to authorize it.
“It is time for decision-making from both the administration and from Congress — and that can happen in league with one another, not in conflict,” Curtis said.
Thune suggested the White House step up its outreach to lawmakers with briefings and hearings if it wants continued support from Capitol Hill.
“Obviously, getting readouts from our military leadership on a somewhat regular basis I think will be helpful in terms of shaping the views of our members about how comfortable they are with everything that’s happening there, and the direction headed forward,” Thune said.
Trump administration argues deadline doesn’t apply
The War Powers Resolution of 1973 states that a president has 60 calendar days after notifying Congress that the U.S. is engaged in military hostilities to either end the military campaign or gain approval from Congress. The White House can use a 30-day extension to safely withdraw forces, but Congress must be notified.
The 60-day window will expire Friday, but Defense Secretary Pete Hegseth said during a hearing Thursday, “We are in a ceasefire right now, which our understanding means, the 60-day clock pauses or stops.”
Meanwhile, a senior administration official, who spoke on condition of anonymity to discuss the administration’s position, said for purposes of the war powers law, “the hostilities that began on Saturday, Feb. 28 have terminated.” The official said the U.S. military and Iran have not exchanged fire since the two-week ceasefire that began April 7.
The administration is making that argument even though Iran maintains its chokehold on the Strait of Hormuz and the U.S. Navy is maintaining a blockade to prevent Iran’s oil tankers from getting out to sea.
Democrats scoffed at the suggestion that May 1 is not the real deadline. “I do not believe the statute would support that,” Virginia Sen. Tim Kaine told Hegseth in the hearing.
Sen. Adam Schiff, D-Calif., argued that the military is still operating warships and other military assets even though it has stopped bombing Iran during the ceasefire.
“Ceasing to use some forces while using others does not somehow stop the clock,” Schiff said.
Yet, the development came as little surprise to at least one House Democrat who oversees the military.
Rep. Adam Smith, the ranking Democrat on the House Armed Services Committee, told The Associated Press: “Is the expectation that the Trump administration is going to follow the law? I do not have that expectation.”
